AMENDMENT NO. 1 AND INCREMENTAL TERM LOAN ASSUMPTION AGREEMENTIncremental Term Loan Assumption Agreement • February 25th, 2021 • DigitalOcean Holdings, Inc. • Services-computer programming, data processing, etc. • New York
This AMENDMENT NO. 1 AND INCREMENTAL TERM LOAN ASSUMPTION AGREEMENT, dated as of March 18, 2020 (this “Amendment”), among (i) DIGITALOCEAN, LLC, a Delaware limited liability company (f/k/a Digital Ocean, Inc., a Delaware corporation), as Borrower (the “Borrower”); (ii) DIGITALOCEAN HOLDINGS, INC., a Delaware corporation and the sole parent of the Borrower, as Holdings (“Holdings”), SERVERSTACK, INC., a New York corporation (“ServerStack”, and together with Holdings and the Borrower, the “Credit Parties”), MORGAN STANLEY SENIOR FUNDING, INC., in its capacity as an incremental term loan lender (the “Initial Incremental Term Lender”), the Lenders executing this Amendment on the signature pages hereto, and KEYBANK NATIONAL ASSOCIATION, in its capacity as Administrative Agent (the “Administrative Agent”) under the Credit Agreement referred to below.
DIGITALOCEAN HOLDINGS, INC. INDEMNIFICATION AGREEMENTIndemnification Agreement • February 25th, 2021 • DigitalOcean Holdings, Inc. • Services-computer programming, data processing, etc. • Delaware
This Indemnification Agreement (this “Agreement”), dated as of _____, 20__, is made by and between DigitalOcean Holdings, Inc., a Delaware corporation (the “Company”), and _________________ (“Indemnitee”).
SECOND AMENDED AND RESTATED CREDIT AGREEMENT dated as of February 13, 2020 among DIGITALOCEAN, LLC as Borrower, DIGITALOCEAN HOLDINGS, INC. as Holdings, THE LENDING INSTITUTIONS FROM TIME TO TIME PARTY HERETO, as Lenders, KEYBANK NATIONAL ASSOCIATION,...Credit Agreement • February 25th, 2021 • DigitalOcean Holdings, Inc. • Services-computer programming, data processing, etc. • New York
This SECOND AMENDED AND RESTATED CREDIT AGREEMENT is entered into as of February 13, 2020 among the following: (i) DIGITALOCEAN, LLC, a Delaware limited liability company (f/k/a Digital Ocean, Inc., a Delaware corporation), as Borrower (the “Borrower”); (ii) DIGITALOCEAN HOLDINGS, INC., a Delaware corporation and the sole parent of the Borrower, as Holdings (“Holdings”); (iii) the lenders from time to time party hereto (each a “Lender” and collectively, the “Lenders”); (iv) KEYBANK NATIONAL ASSOCIATION, as the administrative agent (in such capacity, the “Administrative Agent”); (v) KeyBanc Capital Markets Inc., Barclays Bank PLC and Fifth Third Bank as joint lead arrangers (in such capacity, collectively, the “Arrangers”) and joint bookrunners; (vi) Barclays Bank PLC and Fifth Third Bank, National Association, as syndication agents; and (vii) Bank of America N.A. and Regions Bank, as documentation agents.
DIGITALOCEAN HOLDINGS, INC. FOURTH AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT May 8, 2020Investors’ Rights Agreement • February 25th, 2021 • DigitalOcean Holdings, Inc. • Services-computer programming, data processing, etc. • New York
This Fourth Amended and Restated Investors’ Rights Agreement (this “Agreement”) is made and entered into as of May 8, 2020, by and among DigitalOcean Holdings, Inc., a Delaware corporation (the “Company”), Ben Uretsky, Moisey Uretsky and Jeff Carr (the “Founders”), and the investors listed on Schedule 1 hereto (each, an “Investor” and collectively the “Investors”).
